The Police Commission has fired Police Chief James E. Lysaght, Jr, dismissing the 50-year-old Sandy Hook resident from the job he has held since July 1996. Mr Lysaght plans a court appeal of the termination in seeking to regain the post.

The commission’s swift action, without discussion among its members, drew loud heckles, jeers and catcalls March 3 from a crowd of Mr Lysaght’s supporters at a commission meeting in the basement conference room at Town Hall South, directly below the police station. About 30 people attended.

Just after Police Commission members had voted unanimously to fire the chief and adjourned the meeting, Michael Snyder, a former selectman, loudly urged that all five commission members immediately resign their positions. Resident Wendy Beres strongly protested the firing. The protestors shouted that the firing showed no respect for Mr Lysaght, adding that they had wanted an opportunity to speak at the meeting on Mr Lysaght’s behalf.

The session, which lasted less than 10 minutes, listed only one item of business: discussion and action on arbitrator Albert Murphy’s report on Mr Lysaght’s December job termination hearing. In that report, Mr Murphy found the commission had “just cause” to terminate Lysaght, but recommended that the commission and Mr Lysaght reconcile their differences, and that he be reinstated as police chief, possibly on a probationary basis.

The five Police Commission members, apparently startled at the angry crowd’s outbursts, did not respond to the protests. They filed slowly out of the crowded conference room, past the jeering supporters of Mr Lysaght. Uniformed police Sergeant John Cole and Sergeant James Mooney, who was off duty in street clothes, stood by in the conference room, maintaining order.

Following his dismissal, Mr Lysaght said Mr Murphy had made clear in his report that the Police Commission and he should reconcile their differences, adding that he was prepared to reach some accord with the commission which would result in his being reinstated as police chief. Last July, the commission placed Mr Lysaght on administrative leave, with full pay and benefits, as it began its efforts to dismiss him as the town’s top law enforcement officer.

It is unfortunate that Police Commission members did not accept Mr Murphy’s recommendation for reinstatement, Mr Lysaght said.

Under a past agreement reached between the commission and Mr Lysaght, Mr Murphy established a set of facts in the case to which the Police Commission is bound. Mr Murphy’s recommendations, however, are non-binding.

Police Commission members contend Mr Lysaght did not demonstrate the leadership, planning and management skills necessary for the effective and efficient operation of a police department, and thus fired him. 

Police Commission Chairman James Reilly had no response to the various taunts launched at the commission by the protestors.

The December arbitration hearing was held in public, Mr Reilly said. “The report is there for anybody who wants to read it,” he said.

The complete text of the termination hearing report submitted by Mr Murphy is available for public review on The Newtown Bee’s  Internet Web site: www.thebee.com.

Police Captain Michael Kehoe, who has been running the police department since last July, will remain in command, Mr Reilly said. Commission members will be discussing the future leadership of the department, Mr Reilly added. “The [commission] will be looking for a responsible person” to serve as chief, he said. 

As a result of Mr Lysaght’s termination, which took effect immediately, his $65,280 annual pay stopped and he was required to turn in police paraphernalia, including uniforms, identification, badges, and his unmarked Ford Crown Victoria police car. Also, Mr Lysaght removed personal items from the chief’s office in the police station.

Appeal Planned

Attorney John Kelly, representing Mr Lysaght, said an administrative appeal will be filed in Danbury Superior Court in a move to place Mr Lysaght back in the chief’s job. It is unclear how long the court will take to handle such an appeal, Mr Kelly said.

The judge who handles the case will have the option of conducting court proceedings to supplement the information contained in Mr Murphy’s report, Mr Kelly said. “If we didn’t think we had a basis to appeal, we wouldn’t,” Mr Kelly said.

The appeal will seek a court finding that there was “no just cause” to fire Mr Lysaght, Mr Kelly said. It is unclear if money damages would be sought in the case, he said.

Noting that the Police Commission session lasted only several minutes, Mr Kelly said, “I thought there would be at least a show of fairness with an executive session.” In the past, in discussing aspects of the Lysaght case, Police Commission members often conducted executive sessions, or closed sessions, in which they conferred on the case in private with legal counsel.

Mr Kelly said the commission is unique in its arbitrariness.

First Selectman Herb Rosenthal, who attended the March 3 session, said after Mr Lysaght’s dismissal, “The entire situation was unfortunate for the town. There was no way anyone was going to come out a winner. Once there is a breakdown, it’s very hard to repair those things. I know there were people who were upset there wasn’t public participation [at the meeting]. I don’t know how public participation would have changed the findings of fact. This was a very specific meeting for a very specific purpose.”

Mr Rosenthal termed the matter a “no-win situation” which was unfortunate for the town, taxpayers, Mr Lysaght and his family, and the Police Commission.

Newtown Police Union President Robert Koetsch said February 6, “It wouldn’t be proper for us to comment because he [Lysaght] has the right to appeal. It’s not finalized yet.”

On March 8, Mr Rosenthal said, “I want to reassure the public that the police department is in very good hands with Captain Kehoe in charge. During the last eight months, I’ve seen steady improvement in the department… [Police] morale is the best that I’ve seen it in the two years I’ve been in office…The [police] commission, to their credit, followed due process and the [state] statute” in handling the termination of Mr Lysaght, he said.